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Kenyans reject privatization of public parks

There are about 270 bird species recorded in the area and the delta is globally important for large numbers of waterbirds including breeding colonies of cormorants and herons as well as critical non-breeding grounds for migrant waders from Europe and Asia.
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Kenya’s leading conservationists have mobilized to oppose the award of prospecting licenses handed to Base Titanium to expand their mines into what they say are critical biodiversity corridors.

In a memorandum to the Cabinet Secretary Mining, the conservationists say the proposed sites lies in a conservation area that is gazetted as an Environmentally Sensitive Area (ESA) by the Government of Kenya.

Base Titunium had received a major boost after approval of four out of the eight prospecting licenses it applied for ending more than five years of waiting, where the 2019 moratorium on issuance of licenses and permits had slowed down the process. The ban was lifted last October.

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Base had eight applications to prospect in the Kwale, Kuranze (Kwale-Taita Taveta border) and Lamu regions, most of which were lodged prior to the decision to implement the moratorium in 2019. It is also interested in prospecting for minerals in Tana River.

Delicate biodiversity

Conservationists say it is an important bird area that is needed to ensure the survival of viable populations of most of the world’s bird species.

There are about 270 bird species recorded in the area and the delta is globally important for large numbers of waterbirds including breeding colonies of cormorants and herons as well as critical non-breeding grounds for migrant waders from Europe and Asia.

The proposed mining prospecting area also hosts multiple historical sites and sites of cultural significance including and not limited to; Ungwana Bay Ruins, Ras (ya Mwana, ya Shaka), Wanawali Saba, The old Sultan's Palace ruins, Banda La Kasa, tombs, mosques, mihrab- all dating back to 1200 AD9 The wider prospecting area also hosts the administration office of the District Commissioner of the East Africa Protectorate1 dating back to 1897.

Cease and desist

As this is happening, another lobby group Green Belt Movement (GBM) sued the government over a Kes38 billion plan to hive-off 51.6 acres from Karura Forest for the expansion of Kiambu Road.

The lobby group says the Kenya National Highways Authority (KeNHA) has entered into a deal with Chinese firm Sinohydro Corporation Limited for dualling of the road.

The public have also picked up the cue forcing the Kenya Forest Service (KFS) and the National Environment Management Authority (NEMA) to suspend licenses they issued to a private developer for a golf course and a restaurant in Ngong Forest.

Kenya has adopted policy shift to lease of swathes of the country to private sector as a means to raise revenues and develop the country, since the government over-borrowed over the past decade, past sustainable limits.

The shift to private-public-partnership models, privatization, leases and extensions of licenses for natural resource exploitation has however been clouded with secrecy, corrupt dealings, and lopsided contracts that have failed to take into account the local populations who are supposed to be the beneficiaries of the developments.

The state also stands accused of handing over the country’s heritage sites, public parks and important ecological sites to private hands that plan on exploiting and degrading some of the sites to the detriment of future generations.

Base concerns

The conservationists claim It has been documented that many displaced community members and farmers have been adversely affected by Base Titanium mining operations in Msambweni, further aggravating livelihoods.

They say the livelihoods of the communities in Tana Delta comprised of fisherfolk, small-scale farmers and pastoralists will equally be threatened by the displacement as well as wildlife from a currently intact ecosystem.

“We wish to highlight that while article 40(4) allows for situations where compensation may be paid to occupants of land that is acquired for a public purpose, Base Titanium is a private company and not executing a public function,” the conservationists said in the signed statement

They say the risk of unpredictable and potentially disastrous domino effects must be taken into consideration due to the potential of extended ramifications outside the immediate area of concern.

End of life cycle

Base which has been mining titanium ores– rutile, Zircon, and Ilmenite in Kwale since 2013, with the first shipment of minerals made in February 2014, accounts for 65 percent of Kenya's mineral exports.

In the 2023 financial year, it paid about Sh2billion in mineral royalties to the government.

However, mining at Kwale operations is planned to end in December 2024 when ore reserves are expected to be fully depleted, with processing activities concluding shortly thereafter.

Decommissioning and final rehabilitation of the mine and associated infrastructure will commence immediately thereafter.

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